Sec. 46.04.335. Enforcement of environmental covenant.

201 words·~1 min read·/ak/title-46/chapter-4/46-04-335

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The department is the administrating agency for AS 46.04.300 — 46.04.390 and is empowered to administer and enforce AS 46.04.300 — 46.04.390 using the civil or administrative authority granted to it in AS 46.03 . However, the department may, but is not required to, assume any administration or enforcement functions other than those directly related to the environmental covenant.

(b)A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by

(1)a party to the environmental covenant;

(2)the department;

(3)a person that the environmental covenant expressly grants the power to enforce the environmental covenant;

(4)a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; or

(5)a municipality or other unit of government that governs the real property subject to the environmental covenant.

(c)AS 46.04.300 — 46.04.390 do not limit the regulatory authority of the department in an environmental response project.

(d)A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.